Acorn
Antiques

The
following Terms and Conditions are applicable to every order
placed with Acorn Antiques and every order accepted by Acorn
Antiques is accepted subject to these Terms and Conditions.
Nothing in these Terms and Conditions affects your statutory
rights.

1. Definitions

1.1
"you" means the person who buys or agrees to buy Goods from Acorn Antiques.

1.2"we"
"our" "us" means Acorn Antiques.

1.3
"consumer" means any natural person acting for purposes outside his or her
business.

1.6
"Working day" means any day except Saturday, Sunday and all Public and Bank
holidays.

2. The Order for the Goods

Our procedures regarding
orders are as follows :-

2.1
Any order placed with us, whether it be by telephone, fax, post or e-mail will
be regarded as an offer by you to buy the Goods from us. If your order is
accepted you will be sent, either by e-mail, fax or by post, a written
acknowledgment which will confirm the Goods ordered, and the price and at that
point a contract will exist between you and us.

2.2
If you order Goods which are to be made to your order, such as Goods made to
your specification or Goods made to measurements supplied by you, you must
confirm that specification or measurement to us in writing and we will
acknowledge your confirmation. We will rely on this information as being
correct. No Goods with a one-off specification or to be manufactured to
measurements given by you will be supplied without us receiving your written
confirmation. We will accept no liability for Goods which are made to a
specification or measurement supplied by you to us and which you later discover
is wrong.

2.3
Photographs on our web-site are for illustrative purposes only and may not
exactly match the product itself or its colour or the colour of any materials..
Photographs or illustrations do not comprise any contractual warranty on our
part and you should not rely on them as an exact representation of the products.
All measurements shown on our website are approximate.

3. The right of a consumer to cancel

Where you act as a
consumer :

3.1
Where your order is for Goods made to your specification, as set out in clause
2.2, you have no right to cancel.

3.2
Apart from those Goods set out in clause 3.1 (Goods made to your specification)
you do have the right to cancel your contract in all other cases at any time up
to the end of the 7th Working day from the date you received the Goods. You will
not need to give a reason for cancelling your contract, nor will you have to pay
any penalty.

3.3
To cancel your contract you must notify us in writing at the Contact Address.

3.4
If you receive the Goods before you cancel your contract, then you must send the
Goods back to our Contact Address at your own costs and risk. If you cancel your
contract but we have already processed the Goods for delivery, you must
not unpack the Goods when they are received by you andyou must send them
back to us at our Contact Address at your own cost and risk as soon as possible.
If you require us to collect the Goods, we will tell you within 21 days of the
date of cancellation when we will collect the Goods from you. The cost and risk
in relation to such collection is your responsibility.

3.5
Once you have notified us that you are cancelling your contract, any sum debited
to us will be re-credited to you as soon as possible and in any event within 30
days of your order provided that the Goods in question are returned by you and
received by us in the condition they were in when delivered to you. If you do
not return the Goods delivered to you or do not pay the costs of delivery, we
shall be entitled to deduct the direct cost of recovering the Goods from the
amount to be re-credited to you.

4. The Goods

We reserve the right to
cancel the contract between us if :

We may make any changes
in the specification of the Goods which do not materially affect their
appearance, quality or performance required to conform to applicable statutory
requirements where the Goods are supplied to our specification.

5. Price

We reserve the right to
cancel the contract between us if :

5.1
The price payable for the Goods shall be as confirmed in the e-mail, fax or post
acknowledgment that we send to you, in accordance with the provisions of clause
2.1. We reserve the right to rectify any error.

5.2
A deposit of 50% shall be due on acceptance of the order. If you fail to
make payment or if your funds fail to clear, or are later recalled, we may
suspend delivery of the Goods until payment is made in full.

5.3
In the event of any increase in cost to us of raw materials, labour or overheads
or any increase in taxes or duties, or any variation in exchange rates, we may
increase the price payable under the contract having first given written notice
to you. If a notice of price increase is given by us you have the right to
cancel the order and receive back any sums you have paid. Notice of cancellation
must be received in writing at our Contact Address within seven days of delivery
of the notice of price increase to you.

6 Delivery

6.1
We will arrange delivery of the Goods ordered by you with a carrier ( who will
invoice you separately ) to the address for delivery you give to us at the time
you make your order. You hereby confirm that

a: there is
adequate access for us to deliver the Goods

b: there is adequate
space for the Goods where they are to be positioned

c: that there is adequate
clear space for us to assemble the Goods in the area where the Goods are to be
positioned if you have paid for the assembly service

We will not move or take
away any existing goods or property for the purpose of assembly or installation
of the Goods.

6.2
Delivery will be made as soon as possible after your order, unless you agree an
alternative date with us. Time is not of the essence for delivery and we will
not incur any liability for any delay in delivery, however it is caused.

6.3
You become the owner of the Goods you have ordered when they have been delivered
to you. Once the Goods have been delivered to you, they are held at your risk
and we will not be liable for their loss or destruction

7. Warranties and liability

7.1
All Goods manufactured by us come with a warranty of at least 12 months and we
will give you such information as is necessary to claim under the manufacturers'
warranty. If you need to make a claim you must contact us in the first instance.

7.2
If the Goods we deliver are not what you ordered or are damaged or defective, or
the delivery is of an incorrect quantity, we shall have no liability to you
unless you notify us in writing at our Contact Address of the problem within
seven working days of the delivery of the Goods in question.

7.4
As stated in the `Supply of Goods and Services Act 1982` ( see below ) If you
notify a problem to us under clauses 7.2 our only obligation will be;

a: to make good any
non-delivery; or short delivery; or

b: to replace or repair
any Goods that are damaged or defective; or

c: to refund to you the
amount paid by you for the Goods in whatever way we choose.

7.5
If you are dissatisfied with your purchase for a reason set out in clause 7.2
above, you may, within 7 working days of delivery, contact us to arrange
collection of the Goods at our expense. Any money which you have paid, excluding
the delivery cost and fabric cost, will be refunded within 30 days
provided that we receive the Goods in the condition they were in at the time of
delivery to you.

7.6
Except where you act as a consumer, all other warranties, conditions and terms
relating to fitness for purpose, satisfactory quality, or condition of the
Goods, whether implied by statute or common law or otherwise, are excluded to
the fullest extent of the law.

7.7
Save as precluded by law, we will not be liable to you for any consequential
loss, damage or expenses, (including loss of profits, business or goodwill)
howsoever arising out of any problem you notify to us under this condition and
we shall have no liability to pay any money to you by way of compensation other
than to refund to you the amount paid by you for the Goods in question.

7.8
Notwithstanding anything set out above, nothing in these Terms and Conditions is
intended to limit any rights that you might have as a consumer under the United
Kingdom laws or other statutory rights that may not be excluded nor in any way
to exclude or limit our liability to you for any death or personal injury
resulting from our negligence.

8. Notices and correspondence

All notices and correspondence from you to us
must be in writing and sent to our contact address.

9. Events beyond our control

We will have no liability
to you for any failure to deliver Goods you have ordered or any delay in doing
so or for any damage or defect to Goods delivered that is caused by any event or
circumstances beyond our reasonable control including, without limitation,
strikes, lock-outs and other industrial disputes, breakdown of systems or
network access, flood, fire, explosion or accident.

10. Exchange of Goods

If you wish to exchange
Goods for other goods, we will do this subject to:

a)
the return of the Goods by you at your expense to our Contact Address at 39 High
Street, Dulverton, Somerset, TA22 9DW

b)
the Goods being in the condition they were in when they were delivered to you.

11. Customer's Own Material

Where customer`s own material is being used, we strongly
recommend that the client provides a sample with full reference to ensure the
fabric is suitable for its intended use. We cannot be held responsible for any
faulty or incorrect fabric supplied to us.

12. Treatments

No liability will be accepted for change in appearance,
performance or defects in fabric that has undergone flame retardant or stain
repellent spray. Treatment often affects the finish, handle and colour of a
fabric. Please allow up to 5% shrinkage on treated fabrics.

13. Leather Products

Leather products are made from quality
natural leather and accordingly they many not be uniform in colour or texture.
Only the finest hides are selected but they will show natural marks and scars on
the hide. Some leathers will mellow with age and exposure to sunlight.

14 Invalidity

If any of these Terms and
Conditions are unenforceable, including any provision in which we exclude our
liability to you, the enforceability of any other part of these Conditions will
not be affected.

15. Privacy

We acknowledge and agree
to be bound by the Terms of our Privacy Policy.

16. Third Party rights

Except for our
affiliates, directors, employees or representatives, a person who is not a party
to this agreement has no rights under the Contracts (Rights of Third Parties)
Act 1999 to enforce any term of this Agreement but this does not affect any
right or remedy of a third party that exists or is available apart from that
Act.

17. Governing Law

The contract between us
shall be governed by and interpreted in accordance with English Law and the
English Courts will have jurisdiction to resolve any disputes between us

18. Entire Agreement

These Terms and
Conditions, together with our current web-site prices, delivery details, contact
details and privacy policy and the conditions of use of our web-site, set out
the whole of our agreement relating to the supply of the Goods by us to you.
Nothing said by any sales person on our behalf should be understood as a
variation of these Terms and Conditions or as an authorised representation about
the nature or quality of any of the Goods offered for sale by us. Save for fraud
or fraudulent misrepresentation, we shall have no liability for any such
representation being untrue or misleading.

Website
Conditions of Use

1. Our Terms

All use of our website
("Site") is on these terms. If you do not agree with the terms then cease use of
the Site NOW.

The terms are a contract
between us and you may wish to print a copy for future reference. We sometimes
change the terms and changes will be posted here.

2. Information

We work very hard to make
sure information on the Site is accurate and up to date. Let us know if you find
anything wrong. However, you should check independently any information before
you rely on it. No representations are made by us that the information is
accurate and up to date or complete and we do not accept liability for loss
arising from any inaccuracy or information that is out of date. This is a
website providing information free of charge.

3. Copyright

Copyright material
appears on the Site which is our property or the property of our content and
technology providers or their respective owners. We do not give permission for
you to re-publish, alter, transmit or otherwise copy any material on the Site
but you may download information from the Site for your own personal use. Except
as otherwise expressly permitted under Copyright Law, no copying,
re-distribution, re-transmission, publication or commercial exploitation of
downloaded material will be permitted without our express permission and that of
the Copyright owner.

4. Trade marks

Any trade marks, designs,
business names, company names and logos are the property of their respective
owners.

5. Liability

As information on our
Site is provided free of charge, we do not accept liability for it. We will not
be liable to you for any indirect or consequential loss, loss of profit, revenue
or goodwill arising from your use of the Site or information on the Site.
Subject as provided below, all terms implied by Law are excluded, caused by our
negligence or the negligence of our employees, agents or directors and also for
fraudulent misrepresentation caused by us, our employees, agents or directors..

6. Supply of goods

Where you buy goods from
our Site you are subject to our Terms and Conditions which supplement these
conditions.

7. Law

You agree that English
Law shall apply to these terms and to submit to the jurisdiction of the English
Courts if a dispute arises. We aim to ensure our Site complies with English Law
but not laws of any other country. If there is anything on the Site that you are
not allowed under the laws to which you are subject to access or see, cease
using the Site immediately.

8. General

Any formal, legal notices
should be sent to us at the address at the end of these Terms by e-mail,
confirmed by post.

Failure by us to enforce
a right does not result in waiver of such right.

You may not assign or
transfer your rights under this Agreement.

We may amend these terms
at any time by posting a variation on the Site.

(1) In this Act in its
application to England and Wales and Northern Ireland a “contract for the
transfer of goods” means a contract under which one person transfers or agrees
to transfer to another the property in goods, other than an excepted
contract.

(2) For the purposes of this
section an excepted contract means any of the following:—

(a) a
contract of sale of goods;

(b) a
hire-purchase agreement;

(c) a
contract under which the property in goods is (or is to be) transferred in
exchange for trading stamps on their redemption;

(d) a
transfer or agreement to transfer which is made by deed and for which there is
no consideration other than the presumed consideration imported by the deed;

(e) a
contract intended to operate by way of mortgage, pledge, charge or other
security.

(3) For the purposes of this Act
in its application to England and Wales and Northern Ireland a contract is a
contract for the transfer of goods whether or not services are also provided
or to be provided under the contract, and (subject to subsection (2) above)
whatever is the nature of the consideration for the transfer or agreement to
transfer.

2 Implied terms about title,
etc

(1) In a contract for the
transfer of goods, other than one to which subsection (3) below applies, there
is an implied condition on the part of the transferor that in the case of a
transfer of the property in the goods he has a right to transfer the property
and in the case of an agreement to transfer the property in the goods he will
have such a right at the time when the property is to be transferred.

(2) In a contract for the
transfer of goods, other than one to which subsection (3) below applies, there
is also an implied warranty that—

(a)
the goods are free, and will remain free until the time when the property is
to be transferred, from any charge or encumbrance not disclosed or known to
the transferee before the contract is made, and

(b)
the transferee will enjoy quiet possession of the goods except so far as it
may be disturbed by the owner or other person entitled to the benefit of any
charge or encumbrance so disclosed or known.

(3) This subsection applies to a
contract for the transfer of goods in the case of which there appears from the
contract or is to be inferred from its circumstances an intention that the
transferor should transfer only such title as he or a third person may have.

(4) In a contract to which
subsection (3) above applies there is an implied warranty that all charges or
encumbrances known to the transferor and not known to the transferee have been
disclosed to the transferee before the contract is made.

(5) In a contract to which
subsection (3) above applies there is also an implied warranty that none of
the following will disturb the transferee’s quiet possession of the goods,
namely—

(a)
the transferor;

(b)
in a case where the parties to the contract intend that the transferor should
transfer only such title as a third person may have, that person;

(c)
anyone claiming through or under the transferor or that third person otherwise
than under a charge or encumbrance disclosed or known to the transferee before
the contract is made.

3 Implied terms where transfer
is by description

(1) This section applies where,
under a contract for the transfer of goods, the transferor transfers or agrees
to transfer the property in the goods by description.

(2) In such a case there is an
implied condition that the goods will correspond with the description.

(3) If the transferor transfers
or agrees to transfer the property in the goods by sample as well as by
description it is not sufficient that the bulk of the goods corresponds with
the sample if the goods do not also correspond with the description.

(4) A contract is not prevented
from falling within subsection (1) above by reason only that, being exposed
for supply, the goods are selected by the transferee.

4 Implied terms about quality
or fitness

(1) Except as provided by this
section and section 5 below and subject to the provisions of any other
enactment, there is no implied condition or warranty about the quality or
fitness for any particular purpose of goods supplied under a contract for the
transfer of goods.

(2) Where, under such a
contract, the transferor transfers the property in goods in the course of a
business, there is an implied condition that the goods supplied under the
contract are of satisfactory quality.

(2A) For the purposes of this
section and section 5 below, goods are of satisfactory quality if they meet
the standard that a reasonable person would regard as satisfactory, taking
account of any description of the goods, the price (if relevant) and all the
other relevant circumstances.

(2B) If the transferee deals as
consumer, the relevant circumstances mentioned in subsection (2A) above
include any public statements on the specific characteristics of the goods
made about them by the transferor, the producer or his representative,
particularly in advertising or on labelling.

(2C) A public statement is not
by virtue of subsection (2B) above a relevant circumstance for the purposes of
subsection (2A) above in the case of a contract for the transfer of goods, if
the transferor shows that—

(a) at the time the contract
was made, he was not, and could not reasonably have been, aware of the
statement,

(b) before the contract was
made, the statement had been withdrawn in public or, to the extent that it
contained anything which was incorrect or misleading, it had been corrected in
public, or

(c) the decision to acquire
the goods could not have been influenced by the statement.

(2D) Subsections (2B) and (2C)
above do not prevent any public statement from being a relevant circumstance
for the purposes of subsection (2A) above (whether or not the transferee deals
as consumer) if the statement would have been such a circumstance apart from
those subsections.

(3) The condition implied by
subsection (2) above does not extend to any matter making the quality of goods
unsatisfactory—

(a)
which is specifically drawn to the transferee’s attention before the contract
is made,

(b)
where the transferee examines the goods before the contract is made, which
that examination ought to reveal, or

(c)
where the property in the goods is transferred by reference to a sample, which
would have been apparent on a reasonable examination of the sample.

(4) Subsection (5) below applies
where, under a contract for the transfer of goods, the transferor transfers
the property in goods in the course of a business and the transferee,
expressly or by implication, makes known—

(a)
to the transferor, or

(b)
where the consideration or part of the consideration for the transfer is a sum
payable by instalments and the goods were previously sold by a credit-broker
to the transferor, to that credit-broker,

any particular purpose for which
the goods are being acquired.

(5) In that case there is
(subject to subsection (6) below) an implied condition that the goods supplied
under the contract are reasonably fit for that purpose, whether or not that is
a purpose for which such goods are commonly supplied.

(6) Subsection (5) above does
not apply where the circumstances show that the transferee does not rely, or
that it is unreasonable for him to rely, on the skill or judgment of the
transferor or credit-broker.

(7) An implied condition or
warranty about quality or fitness for a particular purpose may be annexed by
usage to a contract for the transfer of goods.

(8) The preceding provisions of
this section apply to a transfer by a person who in the course of a business
is acting as agent for another as they apply to a transfer by a principal in
the course of a business, except where that other is not transferring in the
course of a business and either the transferee knows that fact or reasonable
steps are taken to bring it to the transferee’s notice before the contract
concerned is made.

(9) . . .

5 Implied terms where transfer
is by sample

(1) This section applies where,
under a contract for the transfer of goods, the transferor transfers or agrees
to transfer the property in the goods by reference to a sample.

(2) In such a case there is an
implied condition—

(a)
that the bulk will correspond with the sample in quality; and

(b)
that the transferee will have a reasonable opportunity of comparing the bulk
with the sample; and

(c)
that the goods will be free from any defect, [making their quality
unsatisfactory], which would not be apparent on reasonable examination of the
sample.

(3) . . .

(4) For the purposes of this
section a transferor transfers or agrees to transfer the property in goods by
reference to a sample where there is an express or implied term to that effect
in the contract concerned.

5A Modification of remedies for
breach of statutory condition in non-consumer cases

(1) Where in the case of a
contract for the transfer of goods—

(a)
the transferee would, apart from this subsection, have the right to treat the
contract as repudiated by reason of a breach on the part of the transferor of
a term implied by section 3, 4 or 5(2)(a) or (c) above, but

(b)
the breach is so slight that it would be unreasonable for him to do so,

then, if the transferee does not
deal as consumer, the breach is not to be treated as a breach of condition but
may be treated as a breach of warranty.

(2) This section applies unless
a contrary intention appears in, or is to be implied from, the contract.

(3) It is for the transferor to
show that a breach fell within subsection (1)(b) above.

Contracts for the hire of goods

6 The contracts concerned

(1) In this Act in its
application to England and Wales and Northern Ireland a “contract for the hire
of goods” means a contract under which one person bails or agrees to bail
goods to another by way of hire, other than an excepted contract.

(2) For the purposes of this
section an excepted contract means any of the following:—

(a) a
hire-purchase agreement;

(b) a
contract under which goods are (or are to be) bailed in exchange for trading
stamps on their redemption.

(3) For the purposes of this Act
in its application to England and Wales and Northern Ireland a contract is a
contract for the hire of goods whether or not services are also provided or to
be provided under the contract, and (subject to subsection (2) above) whatever
is the nature of the consideration for the bailment or agreement to bail by
way of hire.

7 Implied terms about right to
transfer possession, etc

(1) In a contract for the hire
of goods there is an implied condition on the part of the bailor that in the
case of a bailment he has a right to transfer possession of the goods by way
of hire for the period of the bailment and in the case of an agreement to bail
he will have such a right at the time of the bailment.

(2) In a contract for the hire
of goods there is also an implied warranty that the bailee will enjoy quiet
possession of the goods for the period of the bailment except so far as the
possession may be disturbed by the owner or other person entitled to the
benefit of any charge or encumbrance disclosed or known to the bailee before
the contract is made.

(3) The preceding provisions of
this section do not affect the right of the bailor to repossess the goods
under an express or implied term of the contract.

8 Implied terms where hire is
by description

(1) This section applies where,
under a contract for the hire of goods, the bailor bails or agrees to bail the
goods by description.

(2) In such a case there is an
implied condition that the goods will correspond with the description.

(3) If under the contract the
bailor bails or agrees to bail the goods by reference to a sample as well as a
description it is not sufficient that the bulk of the goods corresponds with
the sample if the goods do not also correspond with the description.

(4) A contract is not prevented
from falling within subsection (1) above by reason only that, being exposed
for supply, the goods are selected by the bailee.

9 Implied terms about quality
or fitness

(1) Except as provided by this
section and section 10 below and subject to the provisions of any other
enactment, there is no implied condition or warranty about the quality or
fitness for any particular purpose of goods bailed under a contract for the
hire of goods.

(2) Where, under such a
contract, the bailor bails goods in the course of a business, there is an
implied condition that the goods supplied under the contract are of
satisfactory quality.

(2A) For the purposes of this
section and section 10 below, goods are of satisfactory quality if they meet
the standard that a reasonable person would regard as satisfactory, taking
account of any description of the goods, the consideration for the bailment
(if relevant) and all the other relevant circumstances.

(2B) If the bailee deals as
consumer, the relevant circumstances mentioned in subsection (2A) above
include any public statements on the specific characteristics of the goods
made about them by the bailor, the producer or his representative,
particularly in advertising or on labelling.

(2C) A public statement is not
by virtue of subsection (2B) above a relevant circumstance for the purposes of
subsection (2A) above in the case of a contract for the hire of goods, if the
bailor shows that—

(a) at the time the contract
was made, he was not, and could not reasonably have been, aware of the
statement,

(b) before the contract was
made, the statement had been withdrawn in public or, to the extent that it
contained anything which was incorrect or misleading, it had been corrected in
public, or

(c) the decision to acquire
the goods could not have been influenced by the statement.

(2D) Subsections (2B) and (2C)
above do not prevent any public statement from being a relevant circumstance
for the purposes of subsection (2A) above (whether or not the bailee deals as
consumer) if the statement would have been such a circumstance apart from
those subsections.

(3) The condition implied by
subsection (2) above does not extend to any matter making the quality of goods
unsatisfactory—

(a)
which is specifically drawn to the bailee’s attention before the contract is
made,

(b)
where the bailee examines the goods before the contract is made, which that
examination ought to reveal, or

(c)
where the goods are bailed by reference to a sample, which would have been
apparent on a reasonable examination of the sample.

(4) Subsection (5) below applies
where, under a contract for the hire of goods, the bailor bails goods in the
course of a business and the bailee, expressly or by implication, makes
known—

(a)
to the bailor in the course of negotiations conducted by him in relation to
the making of the contract, or

(b)
to a credit-broker in the course of negotiations conducted by that broker in
relation to goods sold by him to the bailor before forming the subject matter
of the contract,

any particular purpose for which
the goods are being bailed.

(5) In that case there is
(subject to subsection (6) below) an implied condition that the goods supplied
under the contract are reasonably fit for that purpose, whether or not that is
a purpose for which such goods are commonly supplied.

(6) Subsection (5) above does
not apply where the circumstances show that the bailee does not rely, or that
it is unreasonable for him to rely, on the skill or judgment of the bailor or
credit-broker.

(7) An implied condition or
warranty about quality or fitness for a particular purpose may be annexed by
usage to a contract for the hire of goods.

(8) The preceding provisions of
this section apply to a bailment by a person who in the course of a business
is acting as agent for another as they apply to a bailment by a principal in
the course of a business, except where that other is not bailing in the course
of a business and either the bailee knows that fact or reasonable steps are
taken to bring it to the bailee’s notice before the contract concerned is
made.

(9) . . .

10 Implied terms where hire is
by sample

(1) This section applies where,
under a contract for the hire of goods, the bailor bails or agrees to bail the
goods by reference to a sample.

(2) In such a case there is an
implied condition—

(a)
that the bulk will correspond with the sample in quality; and

(b)
that the bailee will have a reasonable opportunity of comparing the bulk with
the sample; and

(c)
that the goods will be free from any defect, making their quality
unsatisfactory, which would not be apparent on reasonable examination of the
sample.

(3) . . .

(4) For the purposes of this
section a bailor bails or agrees to bail goods by reference to a sample where
there is an express or implied term to that effect in the contract concerned.

10A Modification of remedies
for breach of statutory condition in non-consumer cases

(1) Where in the case of a
contract for the hire of goods—

(a)
the bailee would, apart from this subsection, have the right to treat the
contract as repudiated by reason of a breach on the part of the bailor of a
term implied by section 8, 9 or 10(2)(a) or (c) above, but

(b)
the breach is so slight that it would be unreasonable for him to do so,

then, if the bailee does not deal
as consumer, the breach is not to be treated as a breach of condition but may
be treated as a breach of warranty.

(2) This section applies unless
a contrary intention appears in, or is to be implied from, the contract.

(3) It is for the bailor to show
that a breach fell within subsection (1)(b) above.

Exclusion of implied terms, etc

11 Exclusion of implied terms,
etc

(1) Where a right, duty or
liability would arise under a contract for the transfer of goods or a contract
for the hire of goods by implication of law, it may (subject to subsection (2)
below and the 1977 Act) be negatived or varied by express agreement, or by the
course of dealing between the parties, or by such usage as binds both parties
to the contract.

(2) An express condition or
warranty does not negative a condition or warranty implied by the preceding
provisions of this Act unless inconsistent with it.

(3) Nothing in the preceding
provisions of this Act prejudices the operation of any other enactment or any
rule of law whereby any condition or warranty (other than one relating to
quality or fitness) is to be implied in a contract for the transfer of goods
or a contract for the hire of goods.

Part IA

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(a) the transferee deals as
consumer or, in Scotland, there is a consumer contract in which the transferee
is a consumer, and

(b) the goods do not conform
to the contract for the transfer of goods at the time of delivery.

(2) If this section applies,
the transferee has the right—

(a) under and in accordance
with section 11N below, to require the transferor to repair or replace the
goods, or

(b) under and in accordance
with section 11P below—

(i) to require the
transferor to reduce the amount to be paid for the transfer by the transferee
by an appropriate amount, or

(ii) to rescind the contract
with regard to the goods in question.

(3) For the purposes of
subsection (1)(b) above, goods which do not conform to the contract for the
transfer of goods at any time within the period of six months starting with
the date on which the goods were delivered to the transferee must be taken not
to have so conformed at that date.

(4) Subsection (3) above does
not apply if—

(a) it is established that
the goods did so conform at that date;

(b) its application is
incompatible with the nature of the goods or the nature of the lack of
conformity.

(5) For the purposes of this
section, “consumer contract” has the same meaning as in section 11F(3) above.

11N Repair or replacement of
the goods

(1) If section 11M above
applies, the transferee may require the transferor—

(a) to repair the goods, or

(b) to replace the goods.

(2) If the transferee requires
the transferor to repair or replace the goods, the transferor must—

(a) repair or, as the case
may be, replace the goods within a reasonable time but without causing
significant inconvenience to the transferee;

(b) bear any necessary costs
incurred in doing so (including in particular the cost of any labour,
materials or postage).

(3) The transferee must not
require the transferor to repair or, as the case may be, replace the goods if
that remedy is—

(a) impossible,

(b) disproportionate in
comparison to the other of those remedies, or

(c) disproportionate in
comparison to an appropriate reduction in the purchase price under paragraph
(a), or rescission under paragraph (b), of section 11P(1) below.

(4) One remedy is
disproportionate in comparison to the other if the one imposes costs on the
transferor which, in comparison to those imposed on him by the other, are
unreasonable, taking into account—

(a) the value which the goods
would have if they conformed to the contract for the transfer of goods,

(b) the significance of the
lack of conformity to the contract for the transfer of goods, and

(c) whether the other remedy
could be effected without significant inconvenience to the transferee.

(5) Any question as to what is
a reasonable time or significant inconvenience is to be determined by
reference to—

(a) the nature of the goods,
and

(b) the purpose for which the
goods were acquired.

11P Reduction of purchase price
or rescission of contract

(1) If section 11M above
applies, the transferee may—

(a) require the transferor to
reduce the purchase price of the goods in question to the transferee by an
appropriate amount, or

(b) rescind the contract with
regard to those goods,

if the condition in subsection
(2) below is satisfied.

(2) The condition is that—

(a) by virtue of section
11N(3) above the transferee may require neither repair nor replacement of the
goods, or

(b) the transferee has
required the transferor to repair or replace the goods, but the transferor is
in breach of the requirement of section 11N(2)(a) above to do so within a
reasonable time and without significant inconvenience to the transferee.

(3) If the transferee rescinds
the contract, any reimbursement to the transferee may be reduced to take
account of the use he has had of the goods since they were delivered to him.

11Q Relation to other remedies
etc

(1) If the transferee requires
the transferor to repair or replace the goods the transferee must not act
under subsection (2) until he has given the transferor a reasonable time in
which to repair or replace (as the case may be) the goods.

(2) The transferee acts under
this subsection if—

(a) in England and Wales or
Northern Ireland he rejects the goods and terminates the contract for breach
of condition;

(b) in Scotland he rejects
any goods delivered under the contract and treats it as repudiated; or

(c) he requires the goods to
be replaced or repaired (as the case may be).

11R Powers of the court

(1) In any proceedings in which
a remedy is sought by virtue of this Part the court, in addition to any other
power it has, may act under this section.

(2) On the application of the
transferee the court may make an order requiring specific performance or, in
Scotland, specific implement by the transferor of any obligation imposed on
him by virtue of section 11N above.

(3) Subsection (4) applies if—

(a) the transferee requires
the transferor to give effect to a remedy under section 11N or 11P above or
has claims to rescind under section 11P, but

(b) the court decides that
another remedy under section 11N or 11P is appropriate.

(4) The court may proceed—

(a) as if the transferee had
required the transferor to give effect to the other remedy, or if the other
remedy is rescission under section 11P,

(b) as if the transferee had
claimed to rescind the contract under that section.

(5) If the transferee has
claimed to rescind the contract the court may order that any reimbursement to
the transferee is reduced to take account of the use he has had of the goods
since they were delivered to him.

(6) The court may make an
order under this section unconditionally or on such terms and conditions as to
damages, payment of the price and otherwise as it thinks just.

11S Conformity with the
contract

(1) Goods do not conform to a
contract for the supply or transfer of goods if—

(a) there is, in relation to
the goods, a breach of an express term of the contract or a term implied by
section 3, 4 or 5 above or, in Scotland, by section 11C, 11D or 11E above, or

(b) installation of the goods
forms part of the contract for the transfer of goods, and the goods were
installed by the transferor, or under his responsibility, in breach of the
term implied by section 13 below or (in Scotland) in breach of any term
implied by any rule of law as to the manner in which the installation is
carried out.

Part II

Supply of Services

12 The contracts concerned

(1) In this Act a “contract for
the supply of a service” means, subject to subsection (2) below, a contract
under which a person (“the supplier”) agrees to carry out a service.

(2) For the purposes of this
Act, a contract of service or apprenticeship is not a contract for the supply
of a service.

(3) Subject to subsection (2)
above, a contract is a contract for the supply of a service for the purposes
of this Act whether or not goods are also—

(a)
transferred or to be transferred, or

(b)
bailed or to be bailed by way of hire,

under the contract, and whatever
is the nature of the consideration for which the service is to be carried
out.

(4) The Secretary of State may
by order provide that one or more of sections 13 to 15 below shall not apply
to services of a description specified in the order, and such an order may
make different provision for different circumstances.

(5) The power to make an order
under subsection (4) above shall be exercisable by statutory instrument
subject to annulment in pursuance of a resolution of either House of
Parliament.

13 Implied term about care and
skill

In a contract for the supply of a
service where the supplier is acting in the course of a business, there is an
implied term that the supplier will carry out the service with reasonable care
and skill.

14 Implied term about time for
performance

(1) Where, under a contract for
the supply of a service by a supplier acting in the course of a business, the
time for the service to be carried out is not fixed by the contract, left to
be fixed in a manner agreed by the contract or determined by the course of
dealing between the parties, there is an implied term that the supplier will
carry out the service within a reasonable time.

(2) What is a reasonable time is
a question of fact.

15 Implied term about
consideration

(1) Where, under a contract for
the supply of a service, the consideration for the service is not determined
by the contract, left to be determined in a manner agreed by the contract or
determined by the course of dealing between the parties, there is an implied
term that the party contracting with the supplier will pay a reasonable
charge.

(2) What is a reasonable charge
is a question of fact.

16 Exclusion of implied terms,
etc

(1) Where a right, duty or
liability would arise under a contract for the supply of a service by virtue
of this Part of this Act, it may (subject to subsection (2) below and the 1977
Act) be negatived or varied by express agreement, or by the course of dealing
between the parties, or by such usage as binds both parties to the contract.

(2) An express term does not
negative a term implied by this Part of this Act unless inconsistent with it.

(3) Nothing in this Part of this
Act prejudices—

(a)
any rule of law which imposes on the supplier a duty stricter than that
imposed by section 13 or 14 above; or

(b)
subject to paragraph (a) above, any rule of law whereby any term not
inconsistent with this Part of this Act is to be implied in a contract for the
supply of a service.

(4) This Part of this Act has
effect subject to any other enactment which defines or restricts the rights,
duties or liabilities arising in connection with a service of any
description.

Part III

Supplementary

17 Minor and consequential
amendments

(1)–(3) . . .

18 Interpretation: general

(1) In the preceding provisions
of this Act and this section—

“bailee”, in relation to a
contract for the hire of goods means (depending on the context) a person to
whom the goods are bailed under the contract, or a person to whom they are to
be so bailed, or a person to whom the rights under the contract of either of
those persons have passed;

“bailor”, in relation to a
contract for the hire of goods, means (depending on the context) a person who
bails the goods under the contract, or a person who agrees to do so, or a
person to whom the duties under the contract of either of those persons have
passed;

“business” includes a profession
and the activities of any government department or local or public authority;

“credit-broker” means a person
acting in the course of a business of credit brokerage carried on by him;

“credit brokerage” means the
effecting of introductions—

(a) of
individuals desiring to obtain credit to persons carrying on any business so
far as it relates to the provision of credit; or

(b) of
individuals desiring to obtain goods on hire to persons carrying on a business
which comprises or relates to the bailment or as regards Scotland the hire of
goods under a contract for the hire of goods; or

(c) of
individuals desiring to obtain credit, or to obtain goods on hire, to other
credit-brokers;

“enactment” means any legislation
(including subordinate legislation) of the United Kingdom or Northern
Ireland;

“goods” includes all personal
chattels, other than things in action and money, and as regards Scotland all
corporeal moveables; and in particular “goods” includes emblements, industrial
growing crops, and things attached to or forming part of the land which are
agreed to be severed before the transfer bailment or hire concerned or under
the contract concerned . . . ;

“hire-purchase agreement” has the
same meaning as in the 1974 Act;

“producer” means the manufacturer
of goods, the importer of goods into the European Economic Area or any person
purporting to be a producer by placing his name, trade mark or other
distinctive sign on the goods;

“property”, in relation to goods,
means the general property in them and not merely a special property;

. . .

“redemption”, in relation to
trading stamps, has the same meaning as in the Trading Stamps Act 1964 or, as
respects Northern Ireland, the Trading Stamps Act (Northern Ireland) 1965;

“repair” means, in cases where
there is a lack of conformity in goods for the purposes of this Act, to bring
the goods into conformity with the contract.

“trading stamps” has the same
meaning as in the said Act of 1964 or, as respects Northern Ireland, the said
Act of 1965;

“transferee”, in relation to a
contract for the transfer of goods, means (depending on the context) a person
to whom the property in the goods is transferred under the contract, or a
person to whom the property is to be so transferred, or a person to whom the
rights under the contract of either of those persons have passed;

“transferor”, in relation to a
contract for the transfer of goods, means (depending on the context) a person
who transfers the property in the goods under the contract, or a person who
agrees to do so, or a person to whom the duties under the contract of either
of those persons have passed.

(2) In subsection (1) above, in
the definitions of bailee, bailor, transferee and transferor, a reference to
rights or duties passing is to their passing by assignment assignation,
operation of law or otherwise.

(3) For the purposes of this
Act, the quality of goods includes their state and condition and the following
(among others) are in appropriate cases aspects of the quality of goods—

(a)
fitness for all the purposes for which goods of the kind in question are
commonly supplied,

(b)
appearance and finish,

(c)
freedom from minor defects,

(d)
safety, and

(e)
durability.

(4) References in this Act to
dealing as consumer are to be construed in accordance with Part I of the
Unfair Contract Terms Act 1977; and, for the purposes of this Act, it is for
the transferor or bailor claiming that the transferee or bailee does not deal
as consumer to show that he does not.

19 Interpretation: references
to Acts

In this Act—

“the 1973 Act” means the Supply
of Goods (Implied Terms) Act 1973;

“the 1974 Act” means the Consumer
Credit Act 1974;

“the 1977 Act” means the Unfair
Contract Terms Act 1977; and

“the 1979 Act” means the Sale of
Goods Act 1979.

This Act is reproduced with
amendments as at 1st October 2003. Crown Copyright material is
reproduced with the permission of the Controller of HMSO and the Queen's
Printer for Scotland.

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